OTTAWA, Oct 1, 2007 (AFP) - A judge on Monday acquitted four doctors and a US pharmaceutical company who were accused of negligence in the distribution of blood contaminated with HIV in Canada's worst health scandal.
It was the first criminal trial in the case, in which more than 20,000 people contracted human immunodeficiency virus and hepatitis C in the 1980s and 1990s. At least 3,000 people died, including 800 from AIDS.
The Ontario Superior Court in Toronto ruled that doctor Roger Perrault, the former head of the Canadian Red Cross, was not negligent in the case.
Two other Canadian doctors, an executive of Armour Pharmaceuticals, and the US firm itself were also acquitted.
They were accused of failing to detect infected blood samples and faced up to 10 years in prison if convicted.
The trial was over the contamination of seven children suffering from hemophilia, a bleeding disorder. They contracted HIV after taking Factorate, a product made by Armour Pharmaceuticals to help clot patients' blood.
In a 66-page decision, the judge said there had been "no conduct that showed wanton and reckless disregard. There was no marked departure from the standard of a reasonable person.
"On the contrary, the conduct examined in detail for over one and a half years confirms reasonable, responsible and professional actions and responses during a difficult time.
"The allegations or criminal conduct on the part of these men and this corporation were not only unsupported by the evidence, they were disproved."
But representatives and family members of the victims could not contain their anger at the verdict.
"It's a shock," said John Plater of the Canadian Hemophilia Society.
"I think every tainted blood victim is going to feel that there's no closure here as we feel it's been a miscarriage of justice," he said.
"The people who were at the core of this case were tested and were found to be HIV negative. They used this product and they became HIV positive. And these individuals were responsible for allowing that to happen."
Eddie Greenspan, a lawyer who represented the physician Perrault, said his client had done nothing wrong.
"We have always believed in Dr. Perrault's innocence ... Today's absolute vindication and his complete exoneration is something we've been hoping for and actually expected for the last 10 years, and now it has come.
The doctors face another trial over accusations that they did not take the necessary measures to stop HIV-positive people from giving blood and that they failed to inform the public about the danger.
The Canadian government announced last year it would give one billion Canadian dollars to victims who had not been taken into account in a previous agreement.
071001
AF071007
Copyright ©AFP 2007. All Rights Reserved. AFP articles contained on the AEGiS web site may not be reproduced, distributed, transmitted, displayed, published or broadcast without AFP's prior written permission. You may make one copy of each article for your personal, non-commercial use only; more copies would require AFP's prior written permission obtained from the owners of any trademarks or copyrighted materials whose marks and materials are included in AFP photos or materials. Therefore you will be solely responsible for obtaining any and all necessary releases from whatever individuals and/or entities necessary for any uses of AFP stories, photos or graphics. http://www.afp.com/
AEGiS is a 501(c)3, not-for-profit, tax-exempt, educational corporation. AEGiS is made possible through unrestricted grants from Boehringer Ingelheim, Bridgestone/Firestone Charitable Trust, Bristol-Myers Squibb Company, Elton John AIDS Foundation, John M. Lloyd Foundation, the National Library of Medicine, Roche and Trimeris, and donations from users like you. Always watch for outdated information. This article first appeared in 2007. This material is designed to support, not replace, the relationship that exists between you and your doctor.
AEGiS presents published material, reprinted with permission and neither endorses nor opposes any material. All information contained on this website, including information relating to health conditions, products, and treatments, is for informational purposes only. It is not meant to be a substitute for the advice provided by your own physician or other medical professionals. Always discuss treatment options with a doctor who specializes in treating HIV.
Copyright ©1980, 2007. AEGiS. All materials appearing on AEGiS are protected by copyright as a collective work or compilation under U.S. copyright and other laws and are the property of AEGiS, or the party credited as the provider of the content.